|
|
|
|
|
by subscribed
38 days ago
|
|
I'm partially with you on that one ("computer generated") but the laws converge to the position that if the computer-generated pixels are arranged in such a way that it's a young human, it's CSAM. Also we're not arguing the language here or its adherence to the specific reality, but the blunt tool the laws are. Putting other countries laws aside, I believe that digitally manipulating the image of the real child in that way results in the production of the actual CSAM and as such is a federal crime. And back to my previous comment - actual children are involved, so the abuse actually happens. If you doubt it, feel free to read up about women who experienced their own AI-manipulated pictures to make them appear naked - I don't think you deny the actual harm here. In terms of generation (harming pixels), I think the idea of the lawmakers is to criminalise similar ones as well ("indistinguishable from a real child") to offer some protections to real children. |
|
No, it's not. People have been charged, but their convictions overturned. E.g: https://capcentral.org/case_summaries/people-v-gerber/
> As the United States Supreme Court found in Ashcroft v. Free Speech Coalition (2002) 535 U.S. 234, 250-251, “[v]irtual child pornography is not ‘intrinsically related’ to the sexual abuse of children . . .. ” The nexus between such images and exploitation of children is “contingent and indirect.” The images created by Gerber is akin to virtual child pornography since the superimposing of a childs head on adult pornographic images does not involve the sexual exploitation of an actual child. Thus, mere possession of them is protected under the First Amendment.